Senate File 256 - Introduced
SENATE FILE
BY CHAPMAN
A BILL FOR
1 An Act prohibiting a governing board of a public college or
2 university from adopting or enforcing any policy or rule
3 that prohibits a person with a valid permit to carry weapons
4 from carrying, transporting, or possessing a dangerous
5 weapon in the buildings or on the grounds of such a college
6 or university, and including civil penalties.
7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. NEW SECTION. 260C.14A Limitation on authority ====
1 2 dangerous weapons == valid permit to carry weapons.
1 3 The board of directors of a community college shall comply
1 4 with the requirements of section 724.8A regarding policies and
1 5 rules relating to the carrying, transportation, or possession
1 6 of dangerous weapons in the building or on the grounds of the
1 7 community college.
1 8 Sec. 2. NEW SECTION. 262.9D Limitation on authority ====
1 9 dangerous weapons == valid permit to carry weapons.
1 10 The state board of regents shall comply with the
1 11 requirements of section 724.8A regarding policies and rules
1 12 relating to the carrying, transportation, or possession of
1 13 dangerous weapons in the building or on the grounds of a
1 14 university under the control of the state board of regents.
1 15 Sec. 3. Section 602.8105, Code 2017, is amended by adding
1 16 the following new subsection:
1 17 NEW SUBSECTION. 5. The clerk of the district court shall
1 18 collect a civil penalty assessed under section 724.8A. Any
1 19 moneys collected from the civil penalty shall be deposited into
1 20 the general fund of the state.
1 21 Sec. 4. NEW SECTION. 724.8A Limitation on authority ====
1 22 dangerous weapons ==== public universities and community colleges.
1 23 1. The governing board of a university under the control
1 24 of the state board of regents as provided in chapter 262,
1 25 or a community college under the jurisdiction of a board
1 26 of directors for a merged area as provided in chapter 260C
1 27 shall not adopt or enforce any policy or rule that prohibits
1 28 the carrying, transportation, or possession of any dangerous
1 29 weapon, as defined in section 702.7, in the buildings or on
1 30 the grounds of such a college or university by a person who
1 31 possesses a valid permit to carry weapons pursuant to section
1 32 724.6 or 724.7.
1 33 2. a. A governing board found to be in violation of
1 34 subsection 1 shall be assessed a civil penalty of between two
1 35 thousand five hundred dollars and five thousand dollars and
2 1 shall be ordered to pay the plaintiff's reasonable attorney
2 2 fees and court costs.
2 3 b. The requirements of this section may be enforced by the
2 4 state or through a private cause of action.
2 5 c. The civil penalty shall be collected by the clerk of the
2 6 district court and shall be deposited as provided in section
2 7 602.8105, subsection 5.
2 8 EXPLANATION
2 9 The inclusion of this explanation does not constitute agreement with
2 10 the explanation's substance by the members of the general assembly.
2 11 This bill provides that the governing board of a university
2 12 under the control of the state board of regents as provided in
2 13 Code chapter 262, or a community college under the jurisdiction
2 14 of a board of directors for a merged area as provided in Code
2 15 chapter 260C shall not adopt or enforce any policy or rule that
2 16 prohibits the carrying, transportation, or possession of any
2 17 dangerous weapon, as defined in Code section 702.7, in the
2 18 buildings or on the grounds of such a college or university by
2 19 a person who possesses a valid permit to carry weapons pursuant
2 20 to Code section 724.6 (professional permit to carry weapons) or
2 21 Code section 724.7 (nonprofessional permit to carry weapons).
2 22 The bill provides that a governing board found to be in
2 23 violation of the bill shall be assessed a civil penalty
2 24 of between $2,500 and $5,000 and shall pay the plaintiff's
2 25 reasonable attorney fees and court costs. The bill may be
2 26 enforced by the state or through a private cause of action.
2 27 The bill specifies that the civil penalty shall be deposited
2 28 into the general fund of the state.
2 29 A dangerous weapon is any instrument or device designed
2 30 primarily for use in inflicting death or injury upon a human
2 31 being or animal, and which is capable of inflicting death
2 32 upon a human being when used in the manner for which it was
2 33 designed, except a bow and arrow when possessed and used
2 34 for hunting or any other lawful purpose. Additionally, any
2 35 instrument or device of any sort whatsoever which is actually
3 1 used in such a manner as to indicate that the defendant intends
3 2 to inflict death or serious injury upon the other, and which,
3 3 when so used, is capable of inflicting death upon a human
3 4 being, is a dangerous weapon. Dangerous weapons include but
3 5 are not limited to any offensive weapon, pistol, revolver, or
3 6 other firearm, dagger, razor, stiletto, switchblade knife,
3 7 knife having a blade exceeding five inches in length, or any
3 8 portable device or weapon directing an electric current,
3 9 impulse, wave, or beam that produces a high=voltage pulse
3 10 designed to immobilize a person.
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